Author(s): I Made Rika Gunadi and Nyoman Satyayudha Dananjaya

Abstract: The purpose of this article is to provide an understanding of Abortus Provocatus against rape crimes and sanctions against women victims of rape crimes. In this study, the method used is normative legal studies with a statutory approach, concept approach and case approach. This study essentially discusses the act of Abortus Provocatus committed by female victims of rape crimes is currently still a debate. The debate is based on two different views. In the past, victims of rape crimes in Indonesia were seen as objects of crime, but now it has changed to become subjects of crime who should be guaranteed protection both legally and socially. The legality of Abortus Provocatus for women victims of rape crime is a manifestation of legal protection guarantees provided by the state. Victims of rape crimes who perform Abortus Provocatus are not solely due to the “desire to release responsibility” but rather to restore the situation for the victim. Criminal sanctions for Abortus Provocatus by victims of rape crimes in the Criminal Code are regulated in several articles, namely Article 299, Article 346, Article 347, Article 348 and Article 349. However, the criminal sanctions against women who are victims of rape crimes must also consider the causes of abortion by victims of rape with the aim of providing protection for the rights of women as victims.

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